Appendix 6 - International Music Council

producers/performers regarding the rate to ensure that agreement is reached in the
stipulated period of time.
The MITT further recommends to the Minister the establishment of a joint performers
and producers collecting society to administer the needletime royalty, in order to make
the Act functional and in line with international norms.
Extension of the term of copyright
Recommendation 2:
The speedy implementation of the recommendations of the Standing Committee on
Intellectual Property regarding the extension of the term of copyright for both composers
and performers to 70 and 50 years respectively, in line with international practice.
Implementation and accession to the World
Intellectual Property
Organisation (WIPO) Treaties
Recommendation 3:
South Africa should implement and accede to the World Copyright Treaty (WCT) and
the World Performance and Phonograms Treaty (WPPT) without delay in the interests of
protecting South African content in the digital environment and bringing South African
copyright legislation in line with international trends.
Broadening the definition of “performer”
The definition of “performer” in the Performers’ Protection Act (Act No.11 of 1967)
excludes performances that are not performances of literary or artistic works. As a result,
various other types of “un-scripted” performances, which make use of folklore, oral
tradition and other forms of indigenous culture, are excluded.
Recommendation 4:
The definition of “performer” in the Performers’ Protection Act should be amended to
include artists who perform works of folklore. The revised definition should include not
only performances in the recognised performing arts disciplines, but also the wealth of
indigenous performance. The definition in the WPPT is a useful guide.
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